Cano v. Cano
Cano v. Cano
Opinion of the Court
James H. Sullivan, III (Gainesville), for Home School Legal Defense Association, as amicus curiae.
Therese Cano n/k/a Therese Masters (the “mother”) appeals from a supplemental final judgment on petition for modification of parenting plan, arguing that the trial court abused its discretion in ordering the children to attend public school. We agree and reverse solely on that ground.
“[T]he general rule is that a court cannot determine ‘matters not noticed for hearing and not the subject of appropriate pleadings.’” Hart v. Hart, 458 So.2d 815, 816 (Fla. 4th DCA 1984) (quoting Fickle v. Adkins, 394 So.2d 461, 462 (Fla. 3d DCA 1981)). To grant unrequested relief is an abuse of discretion. Abbott v. Abbott, 98 So.3d 616 (Fla. 2d DCA 2012).
In this case, neither party was advised that the hearing in question would result in a permanent determination involving the children’s schooling. Accordingly, we reverse the order in question and remand with directions to the trial court to conduct a final hearing after due notice on the issues pertaining to the education of the children in accordance with Florida’s shared responsibility law.
REVERSED AND REMANDED.
. Because we are remanding for a new trial, the father, Alejandro Cano’s cross-appeal is
. Nothing in this opinion shall be construed as permitting the removal of the children from public school pending the trial court's entry of a final order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.